‘Snuff’ film admissible

A trial judge did not commit an abuse of discretion by admitting into evidence – sight unseen – a 90-second video clip from a criminal defendant’s computer depicting a man strangling a naked woman until she appears to have died, the Appeals Court has ruled in a 2-1 decision.

At trial, in addition to the video, eight of the more than 400 pictorial images of strangulation and related material that the state police discovered on the defendant’s computer were admitted in evidence.

The Appeals Court upheld these evidentiary rulings.

“The judge conducted a proper analysis weighing the probative value of the evidence against unfair prejudice to the defendant, found the evidence to be highly relevant on the issue of the defendant’s intent and the defense of voluntary sexual acts, and gave strong cautionary instructions on four distinct occasions: before any photographs were introduced, when the first three photographs were introduced, when the video clip was played, and in his charge,” Judge Francis R. Fecteau wrote for the majority.

Judge Andrew R. Grainger did not agree.

“I respectfully dissent from the majority’s conclusion that a judge can properly ascertain — sight unseen — the prejudicial and probative character of demonstrative evidence,” Grainger stated.

“Our viewing confirms that both the photographs and the clip are highly realistic and inflammatory by any conventional standard. In such a case there is a point at which the probative value of the additional inflammatory evidence is reduced or eliminated,” Grainger argued. “The judge could not determine whether this was so, or where that point might be found, because he did not examine the video clip.”